Procurement procedure

Up-to-date information on calls for tenders, procurement procedures, types of procedure, award procedures, procurement law, legal principles in the procurement procedure, etc.

Information for beginners

Calls for tenders in the private sector

A basic distinction can be made between calls for tenders for the procurement of services in the private sector and those in the public sector. In the case of private calls for tenders, undertakings that are known to the contracting party are usually invited to submit a tender.

With such a call for tenders, an undertaking (private entity) creates its own market and can compare tenders more easily and choose from a price/performance tender. Since this is a free award, the cheapest tenderer also does not have to be chosen.

Calls for tenders (in particular in the public sector) that are subject to the Bundesvergabegesetz (BVergG 2018)

Procurement processes that are subject to the Bundesvergabegesetz are characterised by a formalised procedure and public-law legal protection options. If a tenderer does not agree with a call for tenders, an award decision or any other separately contestable decision of the contracting entity, he/she has the option of asserting this in a procurement control procedure. The following comments only relate to calls for tenders that are subject to the Bundesvergabegesetz.

Legal basis

In addition to the Bundesvergabegesetz, there are also provincial procurement acts (landesvergaberechtliche Gesetze). The latter are to be observed for the review procedure for calls for tenders that fall within the jurisdiction of the respective federal province. The Bundesvergabegesetz contains the content requirements to be observed for all procurement procedures. The award criteria are for instance regulated in the Bundesvergabegesetz.

The procurement of military and sensitive equipment as well as sensitive construction services and other services is regulated in a special act, the Bundesvergabegesetz Verteidigung und Sicherheit 2012.

The awarding of construction and service concessions is regulated by the Bundesvergabegesetz Konzessionen 2018.

Up-to-date information on procurement law

Staff Unit public procurement law (→ BMJ)^{German text}: The procurement homepage (→ BMJ)^{German text}  contains up-to-date information on questions of procurement law (e.g. circulars on findings of the ECJ).

The Procurement Competence Centre (→ VKC)^{German text} was set up in the legal area of Bundesbeschaffung GmbH for optimal support in procurement processes. It serves as the first point of contact for advice on procurement law for contracting authorities and contractors or potential tenderers.

Legal bases

• Bundesvergabegesetz 2018 (BVergG 2018)
• Bundesvergabegesetz Verteidigung und Sicherheit 2012 (BVergGVS 2012)
• Bundesvergabegesetz Konzessionen 2018 (BVergKonz 2018)